Federal Register / Vol. 70, No.
172 / Wednesday, September 7, 2005 / Notices
degassed chromium from Japan are
being sold in the United States at less
than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b).
The investigation was requested in a
petition filed on March 4, 2005, by
Eramet Marietta Inc., Marietta, OH, and
the Paper, Allied-Industrial, Chemical
and Energy Workers International
Union, Local 5–0639, Belpre, OH.
Participation in the investigation and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of this
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigation need not file an additional
notice of appearance during this final
phase. The Secretary will maintain a
public service list containing the names
and addresses of all persons, or their
representatives, who are parties to the
investigation.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of this
investigation available to authorized
applicants under the APO issued in the
investigation, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigation. A party
granted access to BPI in the preliminary
phase of the investigation need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of this
investigation will be placed in the
nonpublic record on October 20, 2005,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of this investigation beginning at
9:30 a.m. on November 3, 2005, at the
U.S. International Trade Commission
Building. Requests to appear at the
hearing should be filed in writing with
the Secretary to the Commission on or
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53253
before October 24, 2005. A nonparty
who has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should attend a prehearing conference
to be held at 9:30 a.m. on October 28,
2005, at the U.S. International Trade
Commission Building. Oral testimony
and written materials to be submitted at
the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
days prior to the date of the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is October 27, 2005. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is November 10,
2005; witness testimony must be filed
no later than three days before the
hearing. In addition, any person who
has not entered an appearance as a party
to the investigation may submit a
written statement of information
pertinent to the subject of the
investigation, including statements of
support or opposition to the petition, on
or before November 10, 2005. On
November 28, 2005, the Commission
will make available to parties all
information on which they have not had
an opportunity to comment. Parties may
submit final comments on this
information on or before November 30,
2005, but such final comments must not
contain new factual information and
must otherwise comply with section
207.30 of the Commission’s rules. All
written submissions must conform with
the provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s rules do not
authorize filing of submissions with the
Secretary by facsimile or electronic
means, except to the extent permitted by
section 201.8 of the Commission’s rules,
as amended, 67 FR 68036 (November 8,
2002). Even where electronic filing of a
document is permitted, certain
PO 00000 Frm 00106 Fmt 4703 Sfmt 4703
documents must also be filed in paper
form, as specified in II (C) of the
Commission’s Handbook on Electronic
Filing Procedures, 67 FR 68168, 68173
(November 8, 2002).
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigation must be served on all other
parties to the investigation (as identified
by either the public or BPI service list),
and a certificate of service must be
timely filed. The Secretary will not
accept a document for filing without a
certificate of service.
Authority: This investigation is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: August 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–17658 Filed 9–6–05; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[AAG/A Order No. 008–2005]
Justice Management Division; Privacy
Act of 1974; System of Records
AGENCY: Office of Attorney Recruitment
and Management, Justice Management
Division, Justice.
ACTION: Notice of a new system of
records.
SUMMARY: Pursuant to the provisions of
the Privacy Act of 1974 (5 U.S.C. 552a),
notice is given that the Department of
Justice (DOJ or the Department), Justice
Management Division’s Office of
Attorney Recruitment and Management
(OARM), proposes to establish a new
system of records entitled ‘‘Federal
Bureau of Investigation Whistleblower
Case Files, JMD–023.’’ The system
maintains all documents and evidence
filed with the Director of OARM,
pertaining to requests for corrective
action by employees of, or applicants for
employment with, the Federal Bureau of
Investigation (or recommendations for
corrective action by the Department’s
Office of the Inspector General (OIG) or
the Department’s Office of Professional
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 53254 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
Responsibility (OPR)) made under the
Federal Bureau of Investigation’s (FBI’s)
whistleblower regulations, 28 CFR Part
27.
DATES: In accordance with the
requirements of 5 U.S.C. 552a(e)(4) and
(11), the public is given a 30-day period
in which to comment. The Office of
Management and Budget (OMB), which
has oversight responsibility under the
Act, has 40 days in which to conclude
its review of the system. Therefore,
please submit any comments by October
17, 2005.
ADDRESSES: The public, OMB, and the
Congress are invited to submit any
comments to Mary E. Cahill,
Management and Planning Staff, Justice
Management Division, Department of
Justice, Washington, DC 20530 (Room
1400, National Place Building).
FOR FURTHER INFORMATION CONTACT:
Louis DeFalaise, Director, Office of
Attorney Recruitment and Management,
Justice Management Division,
Department of Justice, Washington, DC
20530 (Suite 5100, 20 Massachusetts
Ave., NW.).
SUPPLEMENTARY INFORMATION: The
Privacy Act (5 U.S.C. 552a(e)(4))
requires the Department to publish in
the Federal Register this notice of a new
system of records managed by the
Department. The Privacy Act applies to
a record about an individual that is
maintained in a system of records from
which information is retrieved by a
unique identifier identified with each
individual, such as a name or social
security number. The information about
each individual is called a ‘‘record,’’
and the system, whether manual or
computer-driven, is called a ‘‘system of
records.’’ The Privacy Act requires each
agency to publish notices of systems of
records in the Federal Register and to
prepare reports to OMB whenever the
agency publishes a new or ‘‘altered’’
system of records.
The records in this system are used by
the Director of OARM to determine
whether an employee of, or applicant
for employment with, the FBI made a
protected disclosure that was a
contributing factor in the FBI’s decision
to take (or not take, or threaten to take
or not take) a covered personnel action
against the employee or applicant and,
if so, what, if any, corrective action can
and should be appropriately ordered.
The official version of this document
is the document published in the
Federal Register. Free Internet access to
the official edition of the Federal
Register and the Code of Federal
Regulations is available on GPO Access
at: http://www.access.gpo.gov/nara/
index.html.
VerDate Aug<18>2005 15:05 Sep 06, 2005 Jkt 205001
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report to
OMB and the Congress.
Dated: August 31, 2005.
Paul R. Corts,
Assistant Attorney General for
Administration.
Justice/JMD–023
SYSTEM NAME:
Federal Bureau of Investigation
Whistleblower Case Files
SECURITY CLASSIFICATION:
The system itself is not classified.
However, items or records within the
system may have national security/
foreign policy classifications.
SYSTEM LOCATION:
Records in this system are located at
the Department of Justice, Justice
Management Division, Office of
Attorney Recruitment and Management
(OARM), 20 Massachusetts Avenue,
NW., Suite 5100, Washington, DC
20530.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any employee of, or applicant for
employment with, the FBI who has filed
a request for corrective action with
OARM (or for whom the Department of
Justice’s Office of Inspector General
(OIG) or Office of Professional
Responsibility (OPR) has made a
recommendation for corrective action to
OARM) pursuant to a claim of unlawful
reprisal brought under the FBI
whistleblower regulations, 28 CFR Part
27.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system relate to
OARM’s adjudication process and
customarily include the employee’s
request for corrective action (or OIG’s/
OPR’s recommendation for corrective
action), the parties’ submissions,
correspondence between OARM and the
parties, and OARM’s Orders and
Opinions. These records may also
include, but are not limited to, status
conference notes, and evidentiary
submissions and exhibits (e.g.,
affidavits, depositions, video/audio
tapes, electronic communications,
newspaper articles, etc.). Records in the
system may also contain OIG/OPR
Reports of Investigation, including those
that serve to terminate an investigation
of alleged unlawful reprisal (subject to
28 CFR 27.3(h) and (i)).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR
Part 27.
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PURPOSE(S):
The system maintains all documents
and evidence filed with the Director of
OARM pertaining to requests for
corrective action by employees of, or
applicants for employment with, the FBI
(or recommendations for corrective
action by OIG/OPR) brought under the
FBI’s whistleblower regulations, 28 CFR
Part 27. The records in the system are
used by the Director of OARM to
determine whether an employee or
applicant made a protected disclosure
that was a contributing factor in the
FBI’s decision to take (or fail to take, or
threaten to take or fail to take) a covered
personnel action against the employee
or applicant and, if so, what, if any,
corrective action can and should be
appropriately ordered.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records or information from this
system of records may be disclosed
under the following circumstances
when it has been determined by the
Department of Justice that such a need
exists:
1. To the news media and the public
pursuant to 28 CFR 50.2 unless it is
determined that release of the specific
information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy.
2. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests
information on behalf of, and at the
request of, the individual who is the
subject of the record.
3. To the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904, 2906.
4. Where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory in nature—the
relevant records may be referred to the
appropriate Federal, State, local,
foreign, or tribal law enforcement
authority or other appropriate agency
charged with the responsibility of
investigating or prosecuting such a
violation or enforcing or implementing
such law.
5. In an appropriate proceeding before
a court, or administrative or
adjudicative body, when the
Department of Justice determines that
the records are arguably relevant to the
proceeding; or in an appropriate
proceeding before an administrative or
adjudicative body when the adjudicator
07SEN1
 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
determines the records to be relevant to
the proceeding.
6. To an actual or potential party to
litigation or administrative proceeding,
or to the party’s authorized
representative, for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
7. To appropriate officials and
employees of a Federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a grant or
benefit.
8. To Federal, State, local, tribal,
foreign, or international licensing
agencies or associations which require
information concerning the suitability
or eligibility of an individual for a
license or permit.
9. To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records.
10. To a former employee of the
Department for purposes of: responding
to an official inquiry by a Federal, State,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in hard copy
and in electronic form accessible with
office automation software on
Department personal computers within
OARM’s office suite.
RETRIEVABILITY:
Information is retrieved by the name
of the individual who has filed a request
for corrective action with OARM (or for
whom OIG or OPR has made a
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recommendation for corrective action to
OARM) pursuant to a claim of unlawful
reprisal brought under the FBI
whistleblower regulations, 28 CFR Part
27.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable rules and policies, including
the Department’s automated systems
security and access policies. Records in
this system are maintained in restricted
access space in Department of Justice
controlled facilities and offices. All
physical access to the building where
this system of records is maintained is
controlled and monitored by security
personnel. Computerized data is
password protected. The information is
accessed only by authorized Department
personnel or by non-Department
personnel properly authorized to assist
in the conduct of an agency function
related to these records.
RETENTION AND DISPOSAL:
The retention and disposal schedule
for these records is pending approval of
the National Archives and Records
Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Attorney
Recruitment and Management, Justice
Management Division, Department of
Justice, 20 Massachusetts Avenue, NW.,
Suite 5100, Washington, DC 20530.
NOTIFICATION PROCEDURE:
Address inquiries to the System
Manager named above.
RECORD ACCESS PROCEDURES:
Requests for access must be in writing
and should be addressed to the System
Manager named above. The envelope
and letter should be clearly marked
‘‘Privacy Act Request.’’ Requests for
access to records must comply with the
Department’s Privacy Act regulations, to
include a general description of the
records sought, and the requester’s full
name, current address, and date and
place of birth. The request must be
signed and dated and either notarized or
submitted under penalty of perjury.
Some information may be exempt from
access provisions as described in the
section entitled ‘‘Exemptions Claimed
for the System.’’ An individual who is
the subject of a record in this system
may access those records that are not
exempt from disclosure. A
determination whether a record may be
accessed will be made at the time a
request is received.
PO 00000 Frm 00108 Fmt 4703 Sfmt 4703
53255
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or
amend information maintained in the
system should direct their request
according to the Records Access
procedures and to the System Manager
above, stating clearly and concisely
what information is being contested, the
reasons for contesting it, and the
proposed amendment to the information
sought. Some information may be
exempt from contesting record
procedures as described in the section
entitled ‘‘Exemptions Claimed for the
System.’’ An individual who is the
subject of a record in this system may
amend those records that are not
exempt. A determination whether a
record may be amended will be made at
the time a request is received.
RECORD SOURCE CATEGORIES:
Information in this system of records
is obtained from the subject of the
record and/or the subject’s
representative, the FBI, officials of the
Department, and official Department
documents.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted
this system from 5 U.S.C. 552a(c)(3) and
(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3),
(5) and (8); and (g). The exemptions will
be applied only to the extent that
information in a record is subject to
exemption pursuant to 5 U.S.C.
552a(j)(2), and (k). A determination as to
exemption shall be made at the time a
request for access or amendment is
received. Rules have been promulgated
in accordance with the requirements of
5 U.S.C. 553(b), (c), and (e), and have
been published in the Federal Register.
[FR Doc. 05–17700 Filed 9–6–05; 8:45 am]
BILLING CODE 4410–FR–P
DEPARTMENT OF LABOR
Bureau of Labor Statistics
Proposed Collection; Comment
Request
ACTION: Notice.
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c) (2)(A)]. This
program helps to ensure that requested
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